Subscribe to Print Edition | Mon., December 15, 2008 Kislev 18, 5769 | | Israel Time: 02:13 (EST+7)   Back to Homepage web haaretz.com Haaretz Toolbar Diplomacy Defense Jewish World Opinion National Print Edition Car Rental Books Haaretz Magazine Business Real Estate GA 2008 Travel Week's End Anglo File

With new rules, military justice to become a bit more just By Amos Harel Tags: IDF, israel news Life will become somewhat easier in the Israel Defense Forces, after the army decided this week to reform how soldiers are sentenced for disciplinary offenses. From now on, not just any officer who can hand down sentences will be able to send soldiers to jail; that would be reserved for officers ranked major and above. In addition, the authority to hand down consecutive sentences will be restricted: This means that an officer with the rank of lieutenant colonel will generally be able to send a soldier to jail for only 30 days, as compared to the current 56 days. The authority to confine soldiers to the base will also be restricted. A major will be able to hand down a maximum confinement of 21 days, a lieutenant colonel will be able to deal out 28 days, and a colonel, 35 days. A lower-ranking officer will be allowed to impose confinement for no more than one week. The officers will also be required to present orderly and detailed reasons for the punishment. Advertisement In accordance with the new reform, more than 20 different military edicts on disciplinary action will be combined into one clear, comprehensive order. Officers will be required to study the disciplinary rules and will be tested on their knowledge when they receive a new rank, up until the rank of colonel. Complaints against soldiers must be submitted within a week, and soldiers must be tried within 15 days from when the complaint was submitted. A similar but more limited reform in the sentencing powers of commanders was made in 2004. However, the military prosecution found in a follow-up that the number of soldiers being sentenced had not dropped in the past four years. On the other hand, a large number of distortions of justice were found; accused were sentenced for offenses they were not responsible for and harsh punishments were imposed that the sentencing officers did not have the authority to hand down. The supervisors from the military prosecution had to intervene in 57 percent of the 1,352 cases brought before them in 2008, and in 21 percent of the cases it needed to annul or mitigate the punishment. The prosecution noted that there had been many defects in the system that existed until now. Officers did not have legal training and did not require evidence to hand down a sentence, and the accused had no legal counsel. Some of these problems cannot be solved by the reform, but the intention is to lessen, as far as possible, the defects in the disciplinary system, such as cases where an accused was sentenced without being present, or where witnesses were heard without being in the presence of the accused, and to put an end to the lack of protocols and written reasoning for sentences. Related articles: Rights group: IDF isn't enforcing law on troops in W. Bank, Gaza Military court lawyers to slow down legal proceedings Bookmark to del.icio.us   Fighting hate online YouTube reaches out to the Anti-Defamation League for help in fighting hate clips. 'Camp Deheisheh' Two college students, Jewish and Muslim, practice peace in the West Bank refugee camp.

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